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Articles 1 - 9 of 9
Full-Text Articles in Law
The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone
The Science Of Sociological Jurisprudence As A Methodology For Legal Analysis, Richard Langone
Touro Law Review
No abstract provided.
Before Mayo & After Alice: The Changing Concept Of Abstract Ideas, Magnus Gan
Before Mayo & After Alice: The Changing Concept Of Abstract Ideas, Magnus Gan
Michigan Telecommunications & Technology Law Review
Mayo v. Prometheus and Alice v. CLS are landmark Supreme Court decisions which respectively introduced and then instituted a new, two-step patent-eligibility test. Step One tests the patent claims for abstractness, while Step Two tests for inventive application. This new test was so demanding that in the one-year period after Alice was decided, over 80 percent of all challenged patents had one or more claims invalidated. In fact, at the Federal Circuit over the same time period, only one recorded case of a successful Alice defense exists—DDR Holdings v. Hotels.com. This note explains DDR’s success as an inconsistency …
Food Legislation: The “Teekanne” Case Of 4 June 2015, Luis González Vaqué, Sara Aparicio Hill, Sebastián Romero Melchor
Food Legislation: The “Teekanne” Case Of 4 June 2015, Luis González Vaqué, Sara Aparicio Hill, Sebastián Romero Melchor
Luis González Vaqué
Articles 2(1)(a)(i) and 3(1)(2) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient is present, even though it is not …
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
Nebraska State Constitution
No abstract provided.
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Dalhousie Law Journal
The traditional doctrine of testamentary undue influence developed in nineteenth century England. Its utility, however, is limited since the doctrine requires the person alleging undue influence to provide direct proof of coercion according to a high standard. In England the doctrine has remained static and there have been calls for reform. In Canada, some courts have ceased to apply the traditional doctrine so that today there is no one consistent and coherent doctrine of testamentary undue influence. This article explores two possible reforms of the doctrine both of which are evident in recent Canadian case law: a presumption of testamentary …
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …
Note & Comment, Michigan Law Review
Note & Comment, Michigan Law Review
Michigan Law Review
Announcement; Note and Comment: The Right of a De Jure Officer to Recover Salary or Fees Paid to a De Facto Officer; Exemplary Damages Where Acutal Damages Merely Nominal; Seduction--Fiction of Service; Negligence--Druggist Selling Proprietary Medicine Without Knowing Contents; Physician--Duty to Respond to Call; Wills--Contract to Make--Fraud in Obtaining Charity--Relief in Equity; Sale--Bank Cashing Draft Drawn Against consignment of Goods as Purchaser--Liability Upon Express or Implied Warranty of Title or Quality; Voters--Right to Vote for Candidate whose Name is not on the Official Ballot; Constitutional Law--Fourteenth Amendment--Due Process--Equal Protection; Statute of Limitations--Failure to Leave Subjacent Support in Mining--When Statute begins …
Recent Decisions
Michigan Law Review
Agency--Ratification--Knowledge Necessary; Agency--Undisclosed Principal--Defence Against Agent; Bailments--Action by Bailee against Third Person; Bankruptcy--Homestead Exemption--State Law not Enforced; Bankruptcy--Homestead Exemption; Bills and Notes--Cashier's Check--Indorsed for Illegal Consideration; Carriers--Street Railway--Track Used by Another Company; Chattel Mortgage--Sufficiency of Description; Conflict of Laws--Statute of Frauds--Statute Affecting Remedy--Representations as to Another's Credit; Constitutional Law--14th Amendment--Class Legislation--License Law; Evidence--Physical Examination of Plaintiff in Personal Injury Suit; Insurance--Construction of Terms of Indemnity Policy; Insurance--Agreement to Issue New Policy--Effect of Failure to Surender Old Policy and Make Demand Within Time Stipulated; Landlord and Tenant--Covenant for Re-Entry--Re-Entry by Ejectment Only--Summary Proceedings; Landlord and Tenant--Covenant Not to Assign--Runs with the …